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Bombay High CourtCA/1366/2026admittedallowedgrantedrule absolute

Prabhu Bhanudas Pawar Prabhakar Bhanudas Thakar v. Executive Engineer Osmanabad Irrigation Department

2026-02-06Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:5427 1 53 ca 1366.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1366 OF 2026 IN FIRST APPEAL STAMP NO. 12504 OF 2024 Prabhu Bhanudas Pawar @ Prabhakar Bhanudas Thakar .. Applicant

Versus

Executive Engineer, Osmanabad Irrigation Department and others .. Respondents Shri Shaikh Shoyab Mohammad Israil, Advocate for the Applicant.

Ms. Vaishali S. Swami, Advocate h/f Shri Mahesh C. Swami, Advocate for the Respondent No. 1.

Shri S. V. Hange, A.G.P. for the Respondent Nos. 2 and 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 06TH FEBRUARY, 2026.

FINAL ORDER :

.

Applicant seeks to withdraw amount of Rs. 8,65,267/- deposited by the respondent No. 1 - acquiring body. 2.

It is informed by the learned counsel for the respondent No. 1 that the deposits are in pursuance of orders passed by this Court. In similarly situated matters, this Court permitted the claimants to receive 65% of the amount deposited with accrued interest.

2 53 ca 1366.26 3.

I propose to follow the same course. The civil application is allowed permitting the applicant to receive 65% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Feb. 26